Middlesworth v. Sedgwick

Citations

• 10 Cal. 392

Syllabus

<p>Where M. made a bill of sale to GL of forty-two barrels of vinegar, then in possession of (3-., as keeper for the sheriff, as collateral security for a debt due <3-., and Gr. subsequently gave back the bill of sale to M. without any liquidation of the debt or change of the possession of the property, and the property was afterwards sold by the defendant. as sheriff, M. bringing an action of trover against the defendant, to recover the same: Held, that M. had no title to the property upon which he could recover in such an action, as the mere handing back the bill of sale to M. did not re-vest the title in him.</p> <p>In trover, the plaintiff must either have the possession, or the immediate right to the possession of the property, to entitle him to recover.</p>